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HomeMy WebLinkAboutResolution #3618RESOLUTION NO. 3618 A RESOLUTION ADOPTING ATTACHED LAKESHORE LEASE WHEREAS, the Legal & Ordinance Committee of the Canton City Council has determined that it is necessary and in the best interest of the City of Canton to adopt the attached Lakeshore Lease a copy of which is hereto attached as Exhibit "A"; and, WHEREAS, the Canton City Council has made a similar determination; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That said Lakeshore Lease is hereby approved and that each and every lease hereafter shall be implemented on said form, hereto attached as Exhibit "A"; and, 2. That this Resolution shall be in full force and effective immediately upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 4th day of Jame , 2002 upon a roll call vote as follows: AYES: Aldermen Fillingham, Shores, Meade, Cax1, West, Sarff, Hartford, Molleck. NAYS: ~o~, ABSENT: None Attest: ~ ~ ancy Whites City Clerk Approved: e M. Bohler, ayor ****************************************************************************** (above this line for recording purposes) LAKESHORE LEASE The City of Canton, an Illinois municipal corporation ("City") makes this lease with me/us NAMES OF BUYERS, ("Lessee") on the _ day of 20_ The City, as a part of its municipal water supply has a large artificial lake called Lake Canton. The City has shoreline property, however it must protect the lake from pollution, undue erosion and other injury which it can do best if it owns the land but leases under terms and conditions which will protect the lake. 1. DESCRIPTION: This lease to me is for the following real estate: Lot Number Two (2) in NORTHSHORE ADDITION, Orion Township, Fulton County, State of Illinois: 911 Address 24510 E. North Lakeshore Drive. 2. TERM: The term of this lease shall be for a period of thirty (30) years from this date provided that an additional year shall be added to its term on each anniversary date hereof so that there shall always be a minimum of twenty-nine years and one day remaining on the term. 3. USE: I may use the leased property for my residence. I may not use the property for other uses or purposes and at all times I must protect the lake. 4. RENT: As rent I will pay to the City the sum ORIGINAL PLUS $75.00 per year in advance on or before the first day of May at the office of the City Water Department or other places designated by it, payment to be made on or prior to May 1. To secure the payment of rent and other agreements in this lease the City shall have the superior lien (inferior on to mechanic's 1 liens) on all improvements on the leased property in addition to any other liens and remedies it may have at law. At the option of the City, its lien may be enforced in equity or by distress or by foreclosure sale. 5. MORTGAGE: Notwithstanding the provisions of Paragraphs 10 and 18 hereof and in order to promote the leasing, care and improvement of the lake shore land, the Custodian may mortgage the leasehold hereby granted, together with all improvements of the Custodian now or hereafter on the leased premises, and the mortgagee and assigns may cause this lease and such mortgage or either of them to be filed for record in the Recorder's Office of said County and enforce said mortgage and acquire title to the leasehold and such improvements in any lawful way and rent the property pending foreclosure and acquisition and disposal of title, and the mortgagee or assigns may sell and assign said leasehold and improvements. No default or action by the Custodian or those claiming through or under the Custodian shall be effective as against the mortgagee or the mortgagee's assigns, unless the mortgagee or the mortgagee's assigns fail to pay, or cause to be paid, within thirty (30) days after being served with written notice thereof, any delinquent taxes on the leasehold or improvements thereon, or sums then owing to the City under said lease. The mortgagee and assigns shall comply with the provisions of the lease in like manner as the original Custodian is required to do in the event the mortgagee should acquire title to the leasehold. 6. TAXES: I will pay all taxes and assessments on the leased property before they become delinquent. 7. UTILITIES: I understand that I am to pay all charges for water, garbage removal, electricity, gas or other service for my leased property. 8. RESIDENCE: I understand that I may use up to 80 x 100 feet of my leased area to build and then occupy one single family residence and appurtenances. I may not have more than one dwelling house on my lot at any one time. Before I build anything on my lot, I must submit plans showing plumbing and sewage disposal, location on lot, etc. to the City and obtain written approval (usually a building permit) from the City. If I build without approval, the City may remove what I build and charge me for the removal. No one else's lien may attach to any improvement built without the City's written approval. 9. INSURANCE: I understand that I may obtain insurance in my own name on any improvements I make however; the City will not be liable for damage to my property. 10. WATER LEVEL: It is understood that the City will not be responsible for maintaining any certain lake level and will not be responsible for damage caused to my improvements or other property of mine by the action of the waters. 11. GENERAL REGULATIONS: I will: a Keep my leased land neat and clean and free from noxious weeds and debris. Also I will maintain the improvements in good repair. b Install and maintain such facilities for the disposal of sewage, solid or liquid waste as may be required by the City, Fulton County Health Department, State Department of Public Health or other public authority for sanitation and public health. If sewer connections are available and the City so orders, I will connect to the sewer. In no instance will I allow sewage to enter the lake from my lot. 2 c Caze for and protect from injury all shade and ornamental trees, shrubbery and sod and I will not remove trim, or permit the removal or trimming of any trees more than three inches in diameter without the consent of the City. d I will not permit any of my lot to be denuded of vegetation or to be cultivated in such manner as to cause or permit soil erosion. Further I agree to maintain the shoreline in good condition. e Exclude the general public from my lot and from that part of the lake within 25 feet of the shoreline of my lot. (except as to navigation) f Obey all rules, regulations, and ordinances of the City pertaining to leased lots, the lake and surrounding lands and will not allow violations by my family, my guests or any other person on my lot. g Not permit on or near my lot anything in violation of any law -- State, Federal or municipal, or the regulations of any public authority. Not use or permit the premises to be used for any immoral or illegal purposes. h Not cause nor permit any objectionable noise or odor to be emitted from my lot; nor will I keep on my lot any domestic livestock, poultry or noisy or dangerous dog. Not do nor permit anything to be done or remain on my lot or in or on the lake in any way tending to pollute the waters or to create a nuisance or disturb the peace or quiet of the neighborhood or annoy any occupant of neighboring property. j Not allow yard waste including grass clippings, leaves or like material to enter the lake from my lot. k Not use herbicides nor insecticides neaz the water of the lake nor anywhere where rain may wash these chemicals into the lake except with the written permission of the Water Superintendent of the City. Not extend any structure into the lake such as a dock, boat lift or any other structure more than fifteen feet (15') from the normal shoreline. The "normal shoreline" is determined when the water level is even with the top of the spillway. I fiurther will not install any separate structure such as a fence, post, etc. below the normal water surface. 3 12. TRANSFER: I understand I may not assign or transfer this lease or any interest in it although I may mortgage my leasehold. Similarly the lease may not be transferred by a mortgagee, receiver, trustee in bankruptcy or other representative of me or my estate nor may it be transferred by operation of law, legal process or any other means whatsoever without the written consent of the City, which consent will not be unreasonably withheld. No part of the leased premises may be used by any person other than me, my family guests and employees without the written consent of the City. Should I desire to assign or transfer this lease to any other person, I may first give written notice to the City with the name of the proposed transferee. No transfer shall be effective unless notice is given to the City, a new lease is prepazed by the City and the new lease, when signed is filed with the City. 13. VOLUNTARY CANCELLATION: I may surrender this lease if I have fully performed my duties and thus be relieved of any further obligation under it. 14. RESERVED RIGHTS OF CITY: A. I understand that if the City requires exclusive use of the leased property for any public purpose, which is inconsistent with my occupancy of it, the City may terminate this lease by giving me six months written notice of its intention and paying me for the value of my improvements. If the City exercises its rights hereunder, it shall pay to the Custodian an amount equal to the value of the premises which shall not exceed the fair market value of the premises, In the event that the City and Custodian cannot agree as to the fair market value of the premises, each shall select a qualified professional real estate appraiser, and the appraisers so selected shall select a third qualified professional real estate appraiser, and the fair market value of the premises shall be the average of the highest and lowest appraisals submitted by these three appraisers. B. Representatives of the City may come upon my leased property as follows: (1) At any and all times for the purpose of inspecting. (2) At any time to gain needed access to other land. (3) To plant and caze for trees and other vegetation (4) To construct, operate and maintain sewer, water and gas pipes, electric lines and pipes and lines for other services and their appurtenances. (5) To improve and protect the shoreline. (6) To do any other work necessary to maintain the lake or its structures. 15. DEFAULT: I understand that the City may, at its option terminate this lease: A. If I fail to perform my duties under this lease and fail to remedy the non-performance after sixty (60) days written notice from the City. B. If I fail to vacate at the end of the lease term. C. If the lease has been transferred other than in accordance with the provisions in pazagraph 12. D. Upon termination, the City may without further demand or notice, enter and take possession of the premises and expel me or anyone else found there without being guilty of forcible entry of trespass and without liability for loss or damage. All buildings and other improvements at the option of the City may become the City's property in full settlement as liquidated damages. 4 16. PREFERENCE IN RE-LEASING: When this lease expires, or my heirs or devisees, if I am not in default, shall be preferred by the City over all others for further leasing, subject to applicable ordinances and regulations and for such term and upon payment of such rent as the City may charge for the described real estate. CITY OF CANTON, ILLINOIS DEPARTMENT OF LAKE DEVELOPMENT By: Jerry M. Bohler, Mayor Attest: Nancy Whites, City Clerk Les Carl, Chairman Lake Development (Lessee) NAME (Lessee) NAME STATE OF ILLINOIS, ) )SS. COUNTY OF FULTON. ) I, the undersigned, a Notary Public in and for said County in the State aforesaid, do hereby certify that Jerry M. Bohler, Mayor and Nancy Whites, City Clerk, and Les Carl, Chairman of Lake Development Committee, of the City of Canton, Illinois, personally known to me to be the same persons and such officers, respectively, whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they signed, sealed and delivered the said instrument as the free and voluntary act of the said City, for the uses and purposes therein set forth, pursuant to due authority conferred by its Council. Given under my hand and notarial seal, this _ day of , 20_ Notary Public 5 STATE OF ILLINOIS, ) )SS. COUNTY OF FULTON. ) I, the undersigned, a Notary Public in and for said County in the State aforesaid, do hereby certify that NAMES OF BUYERS personally known to me to be the same persons whose names aze subscribed to the foregoing instrument, appeazed before me this day in person and severally acknowledged that they signed, sealed and delivered the said instrument as their free and voluntazy act for the uses and purposes therein set forth. Given under my hand and notarial seal, this _ day of , 20_ Notary Public. 6